S
yrian women have been deprived of the right to confer nationality
to their children since the enactment of the first nationality law in Syria
in 1928 despite the amendments made to this law. The clauses related to
women’s rights have yet to be changed; since Syrian law grants the right to
pass nationality and filiation solely to the father. In order to apply this, the
Syrian regime has relied on many false arguments to justify this discrimination, including sovereignty of the state and preserving the Palestinians’
right to return. The latest of these justifications was that these laws are contradicting the Islamic Shariah law, another pretext to justify denying the
obligations of article 9 of the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW).
In 2004, Syrian women movements began calling for a change to the
nationality law to counteract the consequences concerning marriage to
foreign nationals and treating children born from these marriages -and residing in Syria - as foreigners. However, the consequences of this discrimination have been exacerbated since the beginning of the Syrian revolution
in 2011 and are affecting a larger number of Syrian women. The damage
caused by this law has been affecting children, depriving them of their most
basic rights enshrined in the Convention on the Rights of a Child (CRC), i.e.
nationality and lineage in addition to education, health and social services.
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This research analyzes legislative decree No. 276 of 1969 on Syrian nationality and the laws regulating filiation to identify the gaps in the existing
laws that discriminate against women. This in turn addresses the necessity
of recognizing women’s rights to pass their nationality onto their children,
and also proves the regime’s evasion of ensuring equal nationality rights for
men and women by reviewing the international conventions and treaties
signed by Syria. In the end of the research and based on our findings, an
amendment to the legislative decree is proposed in order to ensure women
equal rights to confer nationality to their children, without discrimination
or conditions.
The establishment of modern Turkey and the split of the former Ottoman
Empire, under the Treaty of Lausanne and other post-World War I treaties,
was the start of the application of nationality laws in the Arab world. As a
result, the so-called “Ottoman subjects” started acquiring the nationalities
HUMANS WITHOUT RIGHTS
The history of the Syrian nationality law
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